5200 SW Meadows Rd Ste 150
PO Box 1684
Lake Oswego OR 97035-1684
The Matter of David Bacon
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David Bacon went to prison. He was released to a Half-way house on April 24, 2008 while his case was still on appeal.
On May 5, 2008, the 9th Circuit issued their ruling, finding against David Bacon, citing Brown v. Maryland (1827).
I do not read Brown v. Maryland to say what the 9th Circuit claims it says.
Brown v. Maryland did not say that an export was the transport of an item from a
state to a location outside the United States.
I think the 9th Circuit missed or ignored what the Supreme Court said
in Brown v. Maryland at page 449. Please read what the
Supreme Court said, and form your own opinion on whether the 9th Circuit got it wrong or not. I've highlighted the relevent parts:
Brown v. Maryland.
David is a bright, honest, honorably discharged Navy man who has been convicted of the crime of being an Oregonian who sold firearms to a Washingtonian.
Few people realize that it is a federal crime for an individual to sell a firearm to an individual residing in a different state.
However, there really is a statute that says just that! I believe and have argued that the statute is unconstitutional. The trial court did not agree with me.
I emphasize that David is honest because he was also convicted for the crime of making a false statement on a form required by federal law.
I believe we proved that David was innocent on this count.
The government had to prove that David sold a firearm to a man in Seaside, Oregon at 9:00 a.m. on a particular day. We proved, by testimony, cell phone records, and a coffee receipt that David was in Milwaukie, Oregon at 9:00 a.m. on that particular day.
All files are in Adobe Acrobat ".PDF" format except where otherwise noted.Appeal